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Narcotic Drugs and Psychotropic Substances Act, 1985 Amending Act 1

Title: Narcotic Drugs and Psychotropic Substances (Amdndment) Act, 2001

State: Central

Year: 1985

.....(AMDNDMENT) ACT, 2001 [Act No. 09 of 2001] [9th May,2001] PREAMBLE An Act further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985. BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows: -- 1.Short title and commencement - (1) This Act may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Amendment of section 1- In the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred to as the principal Act), in section 1, in sub-section (2), after the words "whole of India", the following shall be inserted, namely:-- "and it applies also-- (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India, wherever they may be". 3. Amendment of section 2 - In section.....

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Explosive Substances Act, 1908 Amending Act I

Title: Explosive Substances (Amendment) Act, 2001

State: Central

Year: 1908

.....appoint, 2. Substitution of new sections for sections 2 to 5 In the Explosive Substances Act 6 of 1908(hereinafter referred to as the principal Act), for sections 2 to 5, the following sections shall be substituted, namely: '2. Definitions: In this Act,-- (a) the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement; (b)the expression "special category explosive substance" shall be deemed to include research development explosive (RDX), penta erythritol tetra nitrate (PETN), high melting explosive (HMX), tri nitro toluene (TNT), low tempera­ture plastic explosive (LTPE), composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixlure of high melting explosive and tri nitro toluene), plastic explosive kirkee-1 (PEK-1) and RDX/TNT compounds and other similar type of explosives and a combination thereof and remote control devices causing explosion and any.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Complete Act

Title: Narcotic Drugs and Psychotropic Substances Act, 1985

State: Central

Year: 1985

.....Punishment for offence for which no punishment is provided Section32A - No suspension, remission or commutation in any sentence awarded under this Act Section32B - Factors to be taken into account for imposing higher than the minimum punishment Section33 - Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 Section34 - Security for abstaining from commission of offence Section35 - Presumption of culpable mental state Section36 - Constitution of Special Courts Section36A - Offences triable by Special Courts Section36B - Appeal and revision Section36C - Application of Code to proceedings before a Special Court Section36D - Transitional provisions Section37 - Offences to be cognizable and non-bailable Section38 - Offences by companies Section39 - Power of court to release certain offenders on probation Section40 - Power of court to publish names, place of business, etc., of certain offenders Chapter 5 Section41 - Power to issue warrant and authorisation Section42 - Power of entry, search, seizure and arrest without warrant or authorisation Section43 - Power of seizure and arrest in public place Section44 -.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 52A

Title: Disposal of Seized Narcotic Drugs and Psychotropic Substances

State: Central

Year: 1985

.....Magistrate and certifying the correctness of any list of samples so drawn. (3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under subsection (2) and certified by the Magistrate, as primary evidence in respect of such offence]. ______________________ 1. Inserted by Act 2 of 1989, section 14 (w.e.f. 29-5-1989).

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 3

Title: Power to Add to or Omit from the List of Psychotropic Substances

State: Central

Year: 1985

The Central Government may, if satisfied that it is necessary or expedient so to do on the basis of-- (a) the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural material or any salt or preparation of such substance or material; and (b) the modifications or provisions (if any) which have been made to, or in any International Convention with respect to such substance, natural material or salt or preparation of such substance or material. by notification in the Official Gazette, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the Schedule such substance or natural material or salt or preparation of such substance or material.

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 60

Title: Liability of Illicit Drugs, Substances, Plants, Articles and Conveyances to Confiscation

State: Central

Year: 1985

.....substance2[or controlled substances] lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance2[or controlled substances] which is liable to confiscation under sub-section (1) and there receptacles, packages and coverings in which any narcotic drug or psychotropic substance2[or controlled substances], materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. (3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance2[or controlled substance], or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. .....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 27

Title: Punishment for Consumption of Any Narcotic Drug or Psychotropic Substance

State: Central

Year: 1985

1[27. Punishment for consumption of any narcotic drug or psychotropic substance Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,-- (a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and (b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.] ______________________ 1. Substituted by Act 9 of 2001, section 10, for section 27 (w.e.f. 2-10-2001).

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 62

Title: Confiscation of Sale Proceeds of Illicit Drugs or Substances

State: Central

Year: 1985

Where any1[narcotic drug, psychotropic substance or controlled substance] is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this Act the sale proceeds thereof shall also be liable to confiscation. ______________________ 1. Substituted by Act 9 of 2001, section 28, for "narcotic drug or psychotropic substance" (w.e.f. 2-10-2001).

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Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Preamble 1

Title: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

State: Central

Year: 1988

THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 [Act, No. 46 of 1988] [6th September, 1988] PREAMBLE An Act to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for matters connected therewith. WHEREAS illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and the activities of persons engaged in such illicit traffic have a deleterious effect on the national economy; AND WHEREAS having regard to the persons by whom and the manner in which such activities are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs and psychotropic substances, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith. BE it enacted by Parliament, in the Thirty-ninth Year of the Republic of India as follows:--

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Narcotic Drugs and Psychotropic Substances Act, 1985 Preamble 1

Title: Narcotic Drugs and Psychotropic Substances Act, 1985

State: Central

Year: 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 [Act, No. 61 of 1985] [16th September, 1985] PREAMBLE An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances1[, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith. BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-- ______________________ 1. Inserted by Act 2 of 1989, section 2 (w.e.f. 29-5-1989).

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